Family Law

• Guardianship
  The third category includes broad array of matters including such aging related maters as: probate court guardianship-conservatorship;  working with professionals such as nurse and social work consults in setting up an in-home assistance program and paying in-home “employees” in accordance with law; dealing with senior apartment and assisted living residence issues that revolve around the resident’s lease-contract; nursing home issues including quality of care and enforcement of resident’s rights guaranteed by law. This list is not all inclusive but a sample of the matters your Elder Law attorney can help you with.

Criminal Law

• Criminal Defense
  When an elder is the victim of a scam it is a matter of criminal law and the county prosecutor’s office often has an office that specializes in this area.  If the elder is subject to physical abuse or neglect the state of Michigan adult protective services should be your first call, 855-444-3911.  For more Elder Abuse Resources call 800-24-ABUSE (22873).  Note that this area of law may require the hiring of an Elder Law attorney to file in probate court for a guardian or conservator of the elder. That is not the purpose of the state of Michigan elder abuse offices.
• Traffic Violations
  If an elder has traffic tickets, disputes with neighbors or city hall or other common complaints and you need an attorney, a call to the bar association referral service may be your best bet.
• Fraud
  In The Bill Of The Month series a journalist went in depth in a matter where a routine childbirth ended up being coded a level 5 emergency, generating the highest charges. Caitlin Wells Salerno’s first childbirth cost $30. Four years later, with the same health insurance, her second childbirth cost her $3,609.09. There was a $2,755 charge for “Level 5” emergency services. But, this was a routine childbirth. She tried fighting it but eventually paid the bill. Medicare beneficiaries have an additional option: Medicare fraud.

Health Law

• Personal Injury
  Note that elders who live in assisted living facilities or nursing homes are there because of the disabilities of aging. When they are injured, such as having a fall while being assisted, or ignored, by facility employees they have a “personal injury claim.” Elder Law attorneys know and work with the best personal injury attorneys, who often specialize in helping elders.
• Medicaid Planning
  You may be able to save the home even though she did not do “Medicaid planning” beforehand. Check out our latest blog entry and see how.

Trusts and Estates

• Estate Planning
  When most people think of “getting their (legal) affairs in order” for retirement, they typically “plan” to live a leisurely retirement and then pass away quickly. The plan details call for stretching out the IRA and having enough money to maintain their lifestyle through retirement. The plan will then pay as little as possible in taxes so the heirs can get their maximum inheritance. I call this the “death and taxes” approach to what most attorneys call “estate planning.”
• Wills
  Parents often add children to bank accounts so that the children can pay bills in case of incapacity and the account can avoid probate on death. In general joint accounts do avoid probate but can cause many problems. Being joint on a parent’s bank account merely gives authority to access the account. It does not give authority to act for a parent. For example, a child joint owner can pay a bill that the parent incurs, but the child does not have authority create the bill. For example, being joint on an account does not give the child authority to sign a contract. In addition the account can cause probate court battles if the account is not distributed according to a parent’s last Will and Testament.
• Trusts
  Evelyn, age 95, was in living in an “assisted living” apartment that was in a nose dive. Her friend Mary would often find her still in bed at two o’clock in the afternoon, no breakfast, no lunch, nobody checked on her at all and there was nobody who would respond to her calls. Completing the picture of utter disregard for her, the staff was stealing from her. Nothing nice stayed in the apartment long. Even the little crystal candle holders her friends used to celebrate her birthday were gone. Evelyn had to get out of there, but how? She could not contact, travel, visit, interview and judge the suitability of other residences. Mary, had no authority to do anything other than complain with no results to the management. However, Evelyn had a living trust with a caring trustee. Mary contacted the trustee, who hired a nurse care manager. The nurse and Mary found a place that was perfect for Evelyn. They treated her like a queen until she passed away.
• Power of Attorney
  How can the attorney help? He can often avoid the cost and delay of probate court entirely by having the resident knowingly sign a power of attorney.
• Probate